Can you have a lawyer in small claims court California?

No. In California, attorneys cannot represent small claimants, although lawyers can file their own small claims cases.

Who is the defendant in Small Claims Court?

Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed. The person who files the claim is called the plaintiff. The person against whom the claim is filed against is called the defendant.

How much does it cost to go to Small Claims Court?

The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000.

Can a small claims court hear a class action?

The Small Claims Division cannot hear an application involving: a residential lease, which falls under the exclusive jurisdiction of the Tribunal administratif du logement; a support payment, which falls under the exclusive jurisdiction of the Superior Court; a class action, which falls under the exclusive jurisdiction of the Superior Court;

How old do you have to be to file a small claims case?

To file or defend a case in small claims court, you must be (a) at least 18 years old or legally emancipated, and (b) mentally competent. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court.

When to bring a small claims case to court?

Small Claims Small claims courts provide a simple, informal and inexpensive option for resolving cases where the claim is $7,000 or less. You may only bring a small claim in the court for the location where either the plaintiff or the defendant lives or has a place of business or employment.

For more information, click on Commercial Claims and Consumer Transactions. In general, the person suing is called the claimant. The person being sued is called the defendant. You may sue more than one person at the same time. You must be the proper person to sue in Small Claims Court.

How old do you have to be to sue in Small Claims Court?

Anyone 18 years of age or over can sue in Small Claims Court. If you are younger than 18, your parent or guardian may sue on your behalf.

You will have to pay the court fee to file your claim. If your claim is for an amount up to and including $1,000.00, there is a fee of $15.00. If your claim is for an amount over $1,000.00 and up to $10,000.00, there is a fee of $20.00. The fee must be paid by cash, certified check, money order or bank check made out to “Clerk of the Civil Court.”